Dawe v. Corrections USA et al

Filing 77

BRIEFING ORDER re 76 MOTION for PROTECTIVE ORDER Regarding Plaintiff's Discovery Dispute Motion to Compel Further Responses to Document Request Productions filed by Corrections USA, James Baiardi, Donald Joseph Baumann, California Correctional Peace Officers Association Signed by Magistrate Judge Edmund F. Brennan on 2/8/08. (Hinkle, T)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

BRIAN DAWE, individually and d/b/a FLAT IRON MOUNTAIN ASSOCIATES, Plaintiff, v. CORRECTIONS USA, a California Corporation; et al., Defendants. ______________________________/ AND RELATED COUNTERCLAIM ______________________________/

CIV-S-07-1790 LKK EFB

Defendants filed a discovery motion on February 5, 2008, and set the matter for hearing on February 27, 2008, at 10:00 a.m. Notwithstanding the three days specified by E.D. Cal. L.R. 37-251, the joint statement shall be filed not later than five court days before the scheduled hearing. The filing deadline, accordingly, will be February 20, 2008, by 5:00 p.m. In the event the hearing is rescheduled, the joint statement shall be due not later than five court days before the rescheduled hearing. The dispute may be organized by category, with specific discovery items attached, if appropriate, as an exhibit. For each disputed category or individual item, include: (1) the specific disputed discovery category or item; (2) the response; (3) the moving party's position; and (4) the opposition. E.D. Cal. L.R. 37-251(c)(3). Do not file separate briefing. Id. Privilege objections must comply with Fed. R. Civ. P. 26(b)(5). Except in extraordinary circumstances, the party claiming privilege may not submit a post-hearing privilege log. The failure properly to support a privilege objection with a privilege log may be deemed to waive it. The moving party is responsible for filing the joint statement. The opposing party nevertheless must timely draft and submit its portion. Failure of either party to use best efforts to ensure timely filing will be cause for sanctions. DATED: February 8, 2008. ___________________________________ EDMUND F. BRENNAN U.S. Magistrate Judge